Regulated by the Cyprus Securities and Exchange Commission (CySEC), License Number 199/13
- Collection of Personal Data
- Use of Personal Data
- Disclosure of Personal Data
- Confidentiality Obligations
- Right of Access
2. Collection of Personal Data
The Company will only use your personal data in accordance with worldwide data protection practices. The Company will use, store, process and handle personal information of the Client, only in accordance the Processing of Personal Data (Protection of the Individual) Law of 138(I)2001 (the “Law”), the Cyprus Data Protection legislation and the Company’s Terms of Business. In order to open a trading account with the Company, the Client must first enter the Company’s website to create a login account and complete the online account opening procedure as well as provide us with the requested KYC documentation (i.e. proof of identity and proof of residence). By completing the online account opening procedure the Client is requested to give private information and acknowledge his/her willingness to share with the company certain private information which we use for the purpose of confirming the client’s identity and ensuring the security of the Client’s deposits and trading account. This information is collected in line with our stringent verification procedures, which are used to deter international money laundering operations and to ensure the security and safety of our customer’s trading activities throughout. This information is also used to contact you about the Company’s services.
Personal data collected includes but is not limited to: • Personal details such as name, surname, address, date of birth, nationality, telephone number and/or e-mail address; • Financial details such as estimated annual income and net worth, trading experience and investment knowledge; • Identity verification documents such as passport and ID, utility bills, and/or bank statements or your company information certificates/details. Our Clients undertake to supply us with true, updated and accurate information about their identity. Furthermore, they are required to state categorically that they are registering and trading on their own behalf and are not seeking at any time to act in any manner which could be considered fraudulent, nor are they seeking to impersonate any other individuals for any purposes whatsoever.
3. Use of Personal Data
By registering with the Company, and through the voluntary interaction they undertake with BDSwiss’ products and services, the Client confirms and agrees that they consent to the use of all or part of the information they supply concerning their BDSwiss trading account, the transactions they undertake through it, and the interactions which they perform with the company on behalf of the company.
The following list illustrates the reasons why the Company may need to use your personally identifiable information: • To verify your identity • To ensure that you meet the suitability requirements to use our products and services • To manage the trading account you have with us • To processes your transaction • To send you information about transactions/post-transactions services • To keep you updated with news on our products, services and any other information relevant to your working relationship with the Company • For website improvement purposes • For the analysis of statistical data which will help us provide you with better products and services in the future.
3.1. Statistical Data
The Company may, from time to time, combine your personally identifiable Information with information from other users of this website to create impersonalized statistical data. The Company may provide this statistical data to Third Parties solely for statistical purposes and in an effort to better improve the Company’s marketing campaign and to the extent allowed by the Terms and Conditions already accepted by you. In no circumstances will you be able to be identified from this statistical data; you will remain anonymous.
Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and in general all interactions the Client undertakes with the Company and anything else which relates to the Client for at least five (5) years, which is calculated after the execution of the transaction or the termination of the business relationship or in case of termination of our business relationship. All the above information will be stored by the company for the purposes of record-keeping and as such may be employed by the company in such cases that disputes arise between clients and BDSwiss Holding PLC.
Any communication between the Client and the Company (including telephone conversations) will be recorded and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders, Instructions, Requests or conversations so recorded.
The Company uses a card processing company for your deposits and withdrawals to and from your BDSwiss trading account. The Company does not retain, share, store or use personally identifiable information for any other purposes.
Any personal information you provide to the Company will be treated as confidential and shared only within the Group and/or within the Company, its affiliates and its business partners and will not be disclosed to any third party except under any regulatory or legal proceedings as well as to third parties that solely provide statistical services to the Company to improve its marketing campaign. Web site tracking systems may also collect data detailing the pages you have accessed, how you discovered this site, the frequency of visits and so on. The information the Company obtains is used to improve the content of our Website and may be used by us to contact you, by any appropriate means, and to provide you with any information we believe may be useful to you. The personal information that you provide in connection with registering yourself as a user of the website(s) or of the Services is classified as “Registration Information”. Registration Information is protected in many ways. You can access your Registration Information through a password selected by you. This password is encrypted and known only to you. Your password must not be revealed to anyone. Registration Information is safely stored on secure servers that only authorized personnel have access to via password. The Company encrypts all personal information as it is transferred to the Company and thus makes all necessary effort to prevent unauthorized parties from viewing any such information. Personal information provided to the Company that is not “Registration Information” also resides on secure servers and is again accessible only to authorized personnel via password. This information cannot be online accessible by you, therefore no password shall be selected to view or modify this information.
From time to time BDSwiss Holding PLC may contact clients whether by phone or email for the purpose of offering them further information about BDSwiss Holding PLC, CFD trading, Binary Options trading or financial market trading. In addition the Company may, on occasion, seek to contact clients, whether by phone or by email, for the purpose of informing them of unique promotional offerings provided by BDSwiss Holding PLC for the Client. Clients consent to the receipt of such contact when they consent to our terms and conditions of use upon registering with BDSwiss Holding PLC. Any person wishing to opt out of further contact with BDSwiss Holding PLC at any time whatsoever is entitled to do so, simply by contacting the Company whether by phone or email and requesting that no further contact on behalf of the company be made.
8. Disclosure of Personal Data
BDSwiss Holding PLC will never disclose any private or otherwise confidential information in regards to our current or former clients to third parties without the express, written consent of our clients, except in such specific cases in which disclosure is a requirement under law and/or when the Company believes that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our Web site or is otherwise necessary in order to perform verification analysis on the client’s identity for the purposes of safeguarding their account and securing their personal information.
The Company will not be liable for misuse or loss of personal information resulting from cookies on the Company’s website(s) that the Company does not have access to or control over. The Company will not be liable for unlawful or unauthorized use of your personal information due to misuse or misplacement of your passwords, negligent or malicious, however contacted.
9. Confidentiality Obligations
BDSwiss Holding PLC does its utmost to ensure the confidentiality of its Client’s personal information, including the implementation of data protection procedures designed to ensure client confidentiality. The Company ensures that its data protection policy is regularly updated in order to ensure that Client’s confidential information is continually safeguarded. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, for research and statistical purposes and for marketing purposes (if the Client’s consent is obtained where (s)he is a natural person) and as provided for under the paragraph below. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
The Client agrees that the Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details, and personal details) in the following circumstances: a. where required by law or a competent Court; b. where requested by CySEC or any other regulatory authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has Clients; c. to relevant authorities to investigate or prevent fraud, money laundering or other illegal activity; d. to execution venues or any third party as necessary to carry out Client Instructions or Orders and for purposes ancillary to the provision of the Services; e. to credit reference and fraud prevention agencies, third authentication service providers and other financial institutions for credit checking, fraud prevention, anti-money laundering purposes, identification or due diligence checks of the Client. To do so they may check the details the Client supplied against any particulars on any database (public or otherwise) to which they have access. They may also use Client details in the future to assist other companies for verification purposes. A record of the search will be retained by the Company; f. to the Company’s professional advisors provided that in each case the relevant professional shall be informed about the confidential nature of such information and commit to the confidentiality herein obligations as well; g. to other service providers who create, maintain or process databases (whether electronic or not), offer record keeping services, email transmission services, messaging services or similar services which aim to assist the Company collect, storage, process and use Client information or get in touch with the Client or improve the provision of the Services under this Agreement; h. to data reporting service providers; i. to other service providers for statistical purposes in order to improve the Company’s marketing, in such a case the data will be provided in an aggregate form; j. to market research call centres that provide telephone or email surveys with the purpose to improve the services of the Company; k. where necessary in order for the Company to defend or exercise its legal rights; l. at the Client’s request or with the Client’s consent; m. to an Affiliate of the Company.
10. Right of access
In compliance with the Law, every user is granted a number of rights in relation to their Personal Data. Their rights include accessing and/or amending your Personal Data, putting a stop to the processing on this data and preventing undesirable marketing.
Under the Law, you have (subject to certain exceptions) the right to request any personal data the Company holds about you and to inform the Company of any perceived inaccuracy. We may charge a fee to cover the associated administrative costs. You are not obligated to provide any of the personal data requested by the Company. In the absence of this information, however, the Company may not be able to open an account for you, or to provide you with any other services, information or assistance you have sought.
By entering into an Agreement with the Company, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001.
12. Changes in this Privacy Statement